Wang & Anor v Full Bench, Australian Industrial Relations Commission & Ors [2006] HCATrans 549 (5 October 2006)

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Wang & Anor v Full Bench, Australian Industrial Relations Commission & Ors [2006] HCATrans 549 (5 October 2006)

Last Updated: 17 October 2006

[2006] HCATrans 549

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M57 of 2006

B e t w e e n -

NAN WANG AND QIAN XIAO

Applicants

and

THE FULL BENCH, AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

First Respondent

LEWIN C, AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Second Respondent

DEMOS PROPERTY SERVICES (AUSTRALIA) PTY LTD

Third Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.14 AM

Copyright in the High Court of Australia

__________________

GUMMOW J: The applicants are husband and wife. They were employed by the third respondent as office cleaners. After their employment was terminated, they sought relief in the Australian Industrial Relations Commission (“the Commission”) under various provisions of the Workplace Relations Act 1996 (Cth). Commissioner Lewin made certain orders favourable to the applicants. Despite this measure of success they appealed to the Full Bench of the Commission. That appeal succeeded. Commissioner Lewin then made further orders, again giving some relief to the applicants. The applicants then filed an application for constitutional writs in this Court. Hayne J referred that application to the Federal Court of Australia. A Full Court of that Court (North, Madgwick and Siopis JJ) dismissed the applicants’ application.

The applicants’ application for special leave to appeal to this Court raises no issue of law, and demonstrates no jurisdictional error on the part of the Commission. It must be dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Heydon J and myself.

AT 9.15 AM THE MATTER WAS CONCLUDED